Drugs

Lord Brown of Eaton-under-Heywood Excerpts

Thursday 17th October 2013 Lords Chamber

[Lord Brown of Eaton-under-Heywood (Non-Afl)]

I thank my noble friend Lady Meacher for securing and so brilliantly introducing this debate on a subject that is always topical and always of the first importance. It is trite but true to say, first, that illicit drugs and the problems they create have for decades been a scourge around the world and, secondly, that the so-called war on drugs has conspicuously failed. I do not pretend to any particular expertise in this area, although a lifetime in the law has inevitably exposed me to many of the problems, and still less do I pretend to any easy solution. There are no quick fixes available here. Some would say that, like democracy, unsatisfactory though the present law is, it is better than any alternative and is the least worst option, but I respectfully question that. There must be better policies and better ways of control available. My main reason for participating in this debate is to encourage government to engage internationally with all those striving to reach such better solutions and to urge government to be imaginative and to recognise, as my noble friend Lady Meacher described that a number of other countries have, that policies concentrating essentially on criminalising all aspects of the drug trade are counterproductive. Better health must be the ultimate goal.

I respectfully suggest that the central objectives of those seeking a better control system should be twofold: first, to reduce the level of harmful drug-taking, and secondly to reduce the level of criminality resulting from present systems of control. As to reducing the level of harmful drug-taking, while recognising that most drugs are harmful or at least have the potential for harm, in certain circumstances some are not, or at any rate are no more so than alcohol or smoking. Putting aside the fact that sometimes drugs such as cannabis or even ecstasy can have medicinal value, it should be possible, as presently it is not, at least to carry out studies to see at what level the consumption of various substances becomes really harmful. We should not strive to criminalise substances not shown to be significantly harmful and thereby risk alienating many consumers, particularly the young. Government should also bear in mind that new psychoactive substances —chemical highs—not yet made illegal are increasingly being introduced into the market. A sound overall drugs policy should seek to combat the temptation to devise and resort to them too. The less the criminalisation involved, the better the chance of moving to a system by which drug-taking can be lawfully licensed and controlled and damage to health thereby reduced.

I turn to the second objective: changing the existing control system and reducing so far as possible the level of resulting criminality. Associated crime is essentially of the following kinds—of course I discount the actual offences of supply and use that one is contemplating perhaps in part, at least, decriminalising. First, there are crimes such as robberies, burglaries, theft and so forth which are committed for gain by those needing cash to fund their addiction. Many addicts’ lives are dominated by their addiction and they will do anything to satisfy their craving. Secondly, there are crimes committed in the course of turf wars between rival dealers protecting their trade and internationally between drug cartels and law enforcement agencies. These crimes regularly involve murder, extortion, corruption and so forth. Thirdly, there are crimes committed by those under the influence of drugs, who are disinhibited often to a considerably greater degree even than by excessive drinking. By the same token that the nation’s health might be improved by licensing rather than criminalising drug supply and use, so too might associated criminality be reduced. What a prize that would be. Perhaps liberalising—further liberalising as the noble Lord, Lord Fowler, would have it—the drugs regime would involve some short-term political cost, but the longer-term benefits would be colossal indeed. I hope that government will actively participate in the search for these benefits.